Introducing Mandatory Paid Sick Leave for Federal Workers
Today, the House of Commons voted unanimously to pass Bill C-3, An act to amend the Criminal Code and the Canada Labour Code, at second reading. The Bill will now proceed to committee stage, where MPs from all parties will debate the legislation and propose amendments.
I voted in favour of this Bill. You can track all of my votes in the House of Commons here.
About Bill C-3
The Bill proposes to amend the Criminal Code to enhance protections for health care workers and to ensure everyone has safe and unobstructed access to health services. These amendments will effectively respond to longstanding concerns voiced by medical professionals that the ability to access a health care facility should be free from intimidation or threats.
The Bill also proposes to amend the Labour Code to provide that an employee may earn and take up to 10 days of medical leave of absence with pay in a calendar year and allow for regulations around the provisions respecting medical leave of absence with pay.
Introducing Paid Sick Leave for Federally-Regulated Workers
No one should have to choose between staying home when they are sick or being able to afford rent and groceries. The pandemic showed us that many workers do not have access to paid sick leave, and its time to close that gap. This is key to Canada’s economic recovery. It’s key to strengthening the social safety net that Canadians rely on.
The Government of Canada has authority to legislate paid sick leave, via Part III of the Canada Labour Code, for the federally regulated private sector. This sector includes workers employers in industries such as banking, telecommunications, broadcasting and inter-provincial and international transportation (including air, rail, maritime and road transportation), for federal Crown corporations, as well as for certain activities on First Nations reserves.
The proposed legislation proposes to amend medical leave under Part III of the Canada Labour Code to provide that:
Employees are entitled to earn one day of medical leave with pay for each month of employment with an employer, up to a maximum of ten days in a calendar year;
Any day of medical leave with pay that an employee does not take in a calendar year carries forward to January 1st of the following calendar year and counts toward the ten days that can be earned in the new year; and
The maximum number of days of medical leave with pay that an employee can take in a calendar year is ten.
In 2019 we put in place three days of paid personal leave that federally regulated workers could use if they were sick. During the pandemic, we introduced the Canada Recovery Sickness Benefit for workers without employer-paid sick leave. Moving forward with ten days of permanent paid sick leave would protect workers’ incomes, jobs, and health as we finish the fight against COVID-19.
But this isn’t just about federally regulated workers. It’s about supporting all workers across the country. We will work with provinces, territories and other interested stakeholders to develop a national action plan to legislate sick leave across the country.
Amending the Criminal Code to Criminalize Healthcare Intimidation
Everyone deserves to be safe when seeking or providing health services. Health care workers, and those who assist them, must be able to perform their duties without fear of intimidation and everyone must be able to access medical care safely.
The proposed Criminal Code amendments will create a new specific intimidation offence for health care workers and seekers, as well as an offence that would prohibit obstructing any person from accessing health care facilities. This means that individuals who intend to use fear to stop a health a care worker from performing their duties or prevent a person from accessing health services could be charged with the proposed new offence.
Our health care professionals are working selflessly in the most trying circumstances to save lives and care for critically ill patients during this global pandemic. They should never fear for their own safety or feel intimidated as they are coming and going from work. They should never be the target of death threats, whether in person or through social media campaigns designed to intimidate and frighten them. Yet, this is happening every day. Canadians must be able to access clinics and hospitals without obstruction, intimidation or fear for their safety.
The amendments we are making to the Criminal Code will ensure severe consequences for those who use fear to prevent health care professionals from doing their jobs and their patients from receiving care.
Bill C-3 does not target peaceful demonstrations, or the right of health care professionals to protest to improve their working conditions. Instead, it protects them from the violence they face and ensures safer workplaces.
In addition, a new aggravating factor will require courts to consider more serious penalties for any offender who targets health care workers engaged in their duties or who impede others from accessing health services. A new sentencing provision would also be created, requiring courts to consider more serious penalties in these cases (of up to a 10 year maximum sentence, compared to the current maximum of five years in the Criminal Code) for offenders who target health care workers engaged in their duties or who impede others from obtaining health services.
These new amendments would protect all health care workers and all persons seeking and receiving health care services, including abortion services.
Canadians’ freedom to voice their concerns and protest in a safe and peaceful manner however, as well as workers’ freedom to take labour action and organize, would be respected by these proposed changes to Canada’s criminal law through the inclusion of a communicative defence. The federal government is committed to upholding and defending the Canadian Charter of Rights and Freedoms, including the freedoms of expression and peaceful assembly.
